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HF 2126

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the military; clarifying the pay
differential law for state employees who are ordered
to active military service; amending Minnesota
Statutes 2004, sections 43A.183; 192.261, subdivision
1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 43A.183, is
amended to read:


43A.183 PAYMENT OF SALARY DIFFERENTIAL FOR RESERVE FORCES
WHO REPORTED FOR ACTIVE SERVICE.

(a) Each agency head shall pay to each eligible member of
the National Guard or other reserve component of the new text beginUnited
States
new text endarmed forces deleted text beginof the United States deleted text endan amount equal to the
deleted text begin difference between the member's basic active duty military
salary and the salary the member would be paid as an active
state employee, including any adjustments the member would have
received if not on leave of absence
deleted text endnew text beginperson's salary differential
for each month or portion of month that the person is ordered to
serve in active military service. The person's salary
differential is calculated as the difference between:
new text end

new text begin (1) the person's monthly total gross earnings as an active
state employee, excluding any overtime pay received but
including all other earnings, averaged over the last three full
months of the person's active state employment prior to
reporting to active military service, and including any
additional salary or earnings adjustments that the person would
have received at any time during the person's military leave had
the person been serving as an active state employee during that
time; and
new text end

new text begin (2) the person's monthly base pay in active military
service
new text end.

This payment may be made only to a person deleted text beginwhose basic
active duty military salary is less than the salary the person
would be paid as an active state employee
deleted text endnew text beginfor whom the amount in
clause (1) is greater than the amount in clause (2)
new text end. Payments
must be made at the intervals at which the member received pay
as a state employeenew text begin, except that any back pay due under this
section may be paid as a lump sum
new text end. Payment under this section
must not extend beyond four years from the date the employee
reported for active service, plus any additional time the
employee may be legally required to serve. new text beginAn eligible member
of the National Guard or other reserve component of the United
States armed forces may apply for the pay differential benefits
authorized under this section prior to, during, or following the
person's active military service on or after May 29, 2003.
new text end

(b) An eligible member of the reserve components of the
new text begin United States new text endarmed forces deleted text beginof the United States deleted text endis a reservist
or National Guard member who was an employee of the state of
Minnesota at the time the member deleted text beginreported deleted text endnew text begintook military leave
under section 192.261 to report
new text endfor active new text beginmilitary new text endservice.

(c) For deleted text beginthe deleted text endpurposes of this section, an employee of the
state is an employee of the executive, judicial, or legislative
branch of state government or an employee of the Minnesota State
Retirement System, the Public Employee Retirement Association,
or the Teachers Retirement Association.

(d) For purposes of this section, the term "active service"
has the meaning given in section 190.05, subdivision 5, but
excludes service performed exclusively for purposes of:

(1) basic combat training, advanced individual training,
annual training, and periodic inactive duty training;

(2) special training periodically made available to reserve
members; deleted text beginand
deleted text end

(3) service performed in accordance with section 190.08,
subdivision 3new text begin; and
new text end

new text begin (4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section
502(f), or other applicable authority
new text end.

(e) The agency head must continue the employee's enrollment
in health and dental coverage, and the employer contribution
toward that coverage, until the employee deleted text beginis covered by health
and dental coverage provided by the armed forces
deleted text endnew text beginreports for
active military service
new text end. If the employee had elected dependent
coverage for health or dental coverage as of the time that the
employee reported for active service, the agency head must offer
the employee the option to continue the dependent coverage at
the employee's own expense. The agency head must permit the
employee to continue participating in any pretax account in
which the employee participated when the employee reported for
active service, to the extent of employee pay available for that
purpose. new text beginAn employee who has opted to continue a permitted
benefit may cancel that continuation at any time during the
person's military leave by written notification from the
employee, or from the employee's designated attorney-in-fact
under a power of attorney, to the agency head or the
commissioner of employee relations.
new text end

(f) new text beginThe agency head must periodically inform in writing all
agency personnel who are or may be members of the reserve
component of the United States armed forces of the benefits
provided under this section and of the procedures relevant to
securing those benefits, including but not limited to any
procedures regarding the continuation and discontinuation of any
optional deductions. It will suffice to meet this requirement
if the agency head posts the information on the agency Web site
in a highly recognizable manner that can be easily found and
understood by the employees to whom it might apply.
new text end

new text begin Upon being ordered to active duty, the employee must notify
the agency head of that order in a timely manner and must
provide to the agency head the name of and contact information
for the employee's designated attorney-in-fact under a power of
attorney. Prior to the commencement of the employee's military
leave, the agency head must ensure the agency's receipt of that
information and immediately convey that information to the
commissioners of finance and employee relations, including any
subsequent change in that designation by the employee. When
communicating with the employee during the person's military
leave, the agency head and the commissioners of finance and
employee relations must immediately provide a copy of the
communication to the employee's designated attorney-in-fact.
Those officials must also honor requests for information or
other appropriate directives from that designee on behalf of the
employee during the employee's military leave.
new text end

new text begin (g) new text endThe commissioners of employee relations and finance
shall adopt procedures required to implement this section. The
procedures are exempt from chapter 14.

deleted text begin (g) deleted text endnew text begin(h) new text endThis section does not apply to a judge, legislator,
or constitutional officer of the executive branch.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to state employees serving
in active military service on or after May 29, 2003.
new text end

Sec. 2.

Minnesota Statutes 2004, section 192.261,
subdivision 1, is amended to read:


Subdivision 1.

Leave of absence without pay.

Subject to
the conditions hereinafter prescribed, any officer or employee
of the state or of any political subdivision, municipal
corporation, or other public agency of the state who engages in
active service in time of war or other emergency declared by
proper authority in any of the military or naval forces of the
state or of the United States for which leave is not otherwise
allowed by law shall be entitled to leave of absence from the
officer's or employee's public office or employment without pay
during such service, with right of reinstatement as hereinafter
provided. Such leave of absence without pay, whether heretofore
or hereafter, shall not extend beyond four years plus such
additional time in each case as such an officer or employee may
be required to serve pursuant to law. This shall not be
construed to preclude the allowance of leave with pay for such
service to any person entitled thereto under section new text begin43A.183,
new text end 192.26new text begin, or 471.975new text end. Nothing in this section contained shall
affect any of the provisions or application of section 352.27
nor of section 192.26 to 192.264, or any laws amendatory
thereof, insofar as such sections pertain to the state employees
retirement association or its members.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to state employees serving
in active military service on or after May 29, 2003.
new text end